Notice for the OJ

 

Action brought on 5 March 2004 by Michael Cwik against the Commission of the European Communities

(Case T-96/04)

(Language of the case: French)

An action against the Commission of the European Communities was brought before the Court of First Instance of the European Communities on 5 March 2004 by Michael Cwik, residing at Tervuren (Belgium), represented by Nicolas Lhoëst, avocat, with an address for service in Luxembourg.

The applicant claims that the Court of First Instance should:

annul he decision of the Director General of DG ECFIN of 24 April 2003 confirming without amendment the applicant's career development report for the period from 1 July 2001 to 31 December 2002;

annul, so far as is necessary, the Commission's decision of 19 November 2003 rejecting the applicant's complaint (R/383/03);

order the defendant to pay symbolic damages of one euro;

order the defendant to pay all the costs.

Pleas in law and main arguments

In support of his action the applicant claims that the new system of assessing officials is unlawful, for it provides for a limited number of merit points per division which forces the assessor to set off good assessments against less good. That entails discrimination between officials depending on the quota of points available in their division. The applicant also alleges a manifest error of assessment and claims that the development report he challenges amounts to psychological harassment of him.

____________